Effective Date: May 30, 2019
MATERIAL TERMS AND NOTICES
Unless otherwise disclosed, Providers are deemed to be unlicensed. Please note that in certain markets Providers may be required to have a license to perform certain Services that will exceed a monetary threshold. For example, regulations applicable in certain markets require a license for work that will total more than $500.00. Accordingly, Providers must determine for themselves whether a Provider is qualified to perform the requested Service. Providers should consult their state or local requirements to determine whether certain Services are required to be performed by a licensed professional.
ANY DECISION BY USERS TO OFFER OR ACCEPT SERVICES THROUGH THE ODDJOBBERS PLATFORM IS A DECISION MADE IN SUCH USER'S SOLE DISCRETION. EACH SERVICE PROVIDED BY A PROVIDER TO A CUSTOMER SHALL CONSTITUTE A SEPARATE AGREEMENT BETWEEN THAT PROVIDER AND CUSTOMER. PROVIDERS ARE NOT EMPLOYEES OR AGENTS OF ODDJOBBERS. ODDJOBBERS MAKES NO REPRESENTATION AND IS NOT RESPONSIBLE FOR THE PERFORMANCE OF USERS, NOR DOES IT HAVE CONTROL OVER OR MAKE REPRESENTATIONS REGARDING THE QUALITY, TIMING, LEGALITY, FAILURE TO PROVIDE, OR ANY OTHER ASPECT WHATSOEVER RELATING TO ANY SERVICES. ODDJOBBERS DOES NOT HAVE CONTROL OVER THE QUALITY, TIMING OR LEGALITY OF SERVICES DELIVERED BY PROVIDERS. ODDJOBBERS HAS NO RESPONSIBILITY OR LIABILITY FOR ANY SERVICES PROVIDED TO CUSTOMERS BY PROVIDERS, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION OR CODE. EXCEPT AS OTHERWISE SET FORTH HEREIN, PROVIDERS ARE NOT AFFILIATED WITH, ENDORSED OR SPONSORED BY ODDJOBBERS.
YOU ACKNOWLEDGE AND AGREE THAT ODDJOBBERS IS NOT LIABLE FOR DAMAGE THAT MIGHT ARISE OUT OF THE SERVICES. ODDJOBBERS IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY SERVICES.
Each User should exercise caution and common sense to protect their personal safety and property, just as you would when interacting with any person with whom you do not know.
OddJobbers may supplement this list of Excluded Services at any time by posting additional rules describing prohibited services on the OddJobbers Platform.
Users of the OddJobbers Platform contract for Jobs directly with other users. Except for the development and testing activities described in Section 29 below, OddJobbers is not a party to any contract for the Services. The OddJobbers Platform facilitates these contracts by supplying a medium through which Customers can connect with Providers, schedule the Jobs, and make payments for these services directly from the Customer to the Providers.
Except as approved by OddJobbers in its sole discretion, no refunds or credits will be provided once the Customer's credit card has been charged. While we will use commercially reasonable efforts to protect all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. The Job Fee quoted is exclusive of taxes. OddJobbers is not responsible or liable for any taxes incurred in connection with a Job including taxes on a Provider’s income. Customers will be liable for all transaction taxes on the service provided (other than taxes based on the Provider’s income).
Notwithstanding the above, Providers may request an adjustment of their applicable Job Fees upon written notice to the attention of OddJobbers Support. Nothing set forth herein shall prohibit or otherwise restrict Providers from negotiating additional services with their Customer. OddJobbers reserves the right to withhold all or a portion of Job Fees if it believes you have attempted to defraud or abuse OddJobbers or OddJobbers’ payment systems.
OddJobbers' cancellation policy for specific Jobs is as follows:
To help maintain the quality of the OddJobbers Platform, Users (both Providers and Customers) will have the opportunity to rate each other after the completion of Services. Customers will see Providers’ ratings before selecting a Provider for a job, thus each rating a Customer gives can have an impact on that Provider's future success on the OddJobbers Platform. In addition, Customers with a low star rating may not have their requests accepted.
We may, without further notice or warning and in our discretion, monitor or record telephone conversations that we have with you or anyone acting on your behalf for quality control and training purposes or to protect our rights. We may, without further notice or warning, and in our discretion, access, store, use, and disclose the messages, call transcripts, and data about the calls/messages between and among Users that occur through the OddJobbers Platform for our business purposes, including to provide and improve customer service and the OddJobbers Platform, fraud prevention, and to identify violations of this Agreement.
To confirm a booking for a Job and for a Provider to fulfill your Job Posting, the Customer must provide an address of the Job. This information will be kept confidential and only communicated to a Provider if the Customer accepts a Provider’s offer to take the Job. By providing your address you agree to the use of marketing and promotional material to be delivered to that address.
We reserve the right to withdraw or amend the OddJobbers Platform, and any service we provide on the OddJobbers Platform in our sole discretion without notice. We will not be liable if for any reason that all or any part of the OddJobbers Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the OddJobbers Platform, or the entire OddJobbers Platform, to Users for any reason or no reason. You are responsible for making all arrangements necessary for you to have access to the OddJobbers Platform.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the OddJobbers Platform or portions of it using your user name, password or other security information, including Third Party Site Password. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement.
THE SERVICE IS ONLY A PLATFORM FOR CONNECTING USERS. EXCEPT AS OTHERWISE SET FORTH HEREIN, ODDJOBBERS IS NOT AFFILIATED WITH ANY CARRIER, PROVIDER, OR THIRD PARTY SERVICE. ANY DISPUTE YOU HAVE WITH ANY CARRIER, PROVIDER, OR THIRD PARTY SERVICE, OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND THAT THIRD PARTY, AND YOU IRREVOCABLY RELEASE ODDJOBBERS (AND ODDJOBBERS’ OFFICERS, DIRECTORS, AGENTS, INVESTORS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
You may not modify, alter, reproduce, or distribute the OddJobbers Platform. You may not directly rent, lease, lend, sell, redistribute, or sublicense the OddJobbers Platform. You must not decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any portion of the OddJobbers Platform, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or the terms of any Third Party Service), nor attempt to disable or circumvent any security or other technological measure designed to protect the OddJobbers Platform or any content available through the OddJobbers Platform.
The OddJobbers Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by OddJobbers, its licensors or other owners of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You may use the OddJobbers Platform only for lawful purposes and in accordance with this Agreement. You agree not to use the OddJobbers Platform:
Additionally, you agree not to:
We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service OddJobbers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the OddJobbers Platform, you may contact our team at firstname.lastname@example.org.
Any notice alleging that materials hosted by or distributed through the OddJobbers Platform infringe intellectual property rights must include the following information:
Repeat Infringers. OddJobbers will promptly terminate without notice the accounts of Users that are determined by OddJobbers to be "Repeat Infringers" to the fullest extent permitted under applicable law. A Repeat Infringer is a User who has been notified of infringing activity or has had User Contributions (as defined in Section 12 below) removed from the OddJobbers Platform at least twice.
The OddJobbers Platform may contain profiles and other interactive features (collectively, "Interactive Services") that allow Users to post, submit, publish, display or transmit to other Users (hereinafter, "post") text, photographs, images, or other materials (collectively, "User Contributions") on or through the OddJobbers Platform, including User-supplied profile pictures, job/service-related photos, and feedback relating to Services (“Feedback”).
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not OddJobbers, are fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other User of the OddJobbers Platform.
In exchange for the right to use the OddJobbers Platform, Users who post Jobs and submit Feedback hereby irrevocably grant to OddJobbers the following rights in connection with the display, distribution, transmission, or broadcasting on any media, including the Internet, of their Job Posting and Feedback in connection with the OddJobbers Platform:
Such right applies in any media now known or not currently known, and such right is hereby deemed to be perpetual, non-exclusive, unrestricted, royalty-free, worldwide, irrevocable, transferable, and sub-licensable (through multiple tiers). User hereby releases OddJobbers from (and shall not bring any) proceeding, whether now known or unknown, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon the use of your Job Posting and Feedback.
We have the right to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the OddJobbers Platform. YOU WAIVE AND HOLD HARMLESS ODDJOBBERS AND ITS AFFILIATES, LICENSEES, DIRECTORS, OFFICERS, INVESTORS, AGENTS, AND EMPLOYEESFROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We understand that occasionally disputes may arise between or among our Users. In the event a dispute initiated by either a Provider or a Customer cannot be resolved independently, you hereby agree, at OddJobbers’ request, to participate in good faith, in a neutral resolution, mediation, or arbitration process conducted by OddJobbers or a neutral third-party mediator or arbitrator selected by OddJobbers. Notwithstanding the foregoing, you acknowledge and agree that OddJobbers is under no obligation to become involved in or impose resolution in any dispute between or among Users or any third party.
Notwithstanding anything set forth herein to the contrary, you further represent, warrant, and agree (i) to pay all reasonable out-of-pocket expenses incurred by OddJobbers in connection with the resolution of any property damage or other claims resulting from a Job you performed for a Customer, and (ii) that OddJobbers shall have the right to suspend your User account until OddJobbers has received payment in full for all such reimbursable amounts.
Within six (6) months after the last time a Provider schedules a Job with a Customer using the OddJobbers Platform, payment for any additional services provided to the same Customer by Provider shall be paid using the OddJobbers Platform, regardless of whether such services were arranged through the OddJobbers Platform. Provider and Customer shall be jointly and severally liable for the fees set forth in Section 2 for all services provided to such Customer in breach of the previous sentence, in addition to all other remedies provided by this Agreement and applicable law, including injunctive relief. Provider and Customer agree to pay all attorneys’ fees and costs OddJobbers incurs in collecting its fees from such Provider and/or Customer that breaches this non-circumvention provision.
This Agreement is effective upon your creation of a User account. You may discontinue your use of the OddJobbers Platform or participation in any service at any time, for any reason. We may suspend or deactivate your User account (either as a Provider and/or Customer), or revoke your permission to access the OddJobbers Platform, at any time, for any reason, upon notice to you. We reserve the right to refuse access to the OddJobbers Platform to any User for any reason not prohibited by law. Either party may terminate the Agreement for any reason upon written notice to the other party. The terms of this Agreement, and any subsequent modifications of this Agreement, shall remain in effect at all times after you or OddJobbers terminate your participation or access to the OddJobbers Platform.
We may update the content on the OddJobbers Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the OddJobbers Platform may be out of date at any given time, and we are under no obligation to update such material.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the OddJobbers Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT (INCLUDING MOBILE DEVICES), COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE ODDJOBBERS PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ODDJOBBERS PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY ODDJOBBERS PLATFORM LINKED TO IT.
YOUR USE OF THE ODDJOBBERS PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE ODDJOBBERS PLATFORM IS AT YOUR OWN RISK. THE ODDJOBBERS PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE ODDJOBBERS PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ODDJOBBERS NOR ANY PERSON ASSOCIATED WITH ODDJOBBERS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE ODDJOBBERS PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER ODDJOBBERS NOR ANYONE ASSOCIATED WITH ODDJOBBERS REPRESENTS OR WARRANTS THAT THE ODDJOBBERS PLATFORM, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ODDJOBBERS PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE ODDJOBBERS PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ODDJOBBERS PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
ODDJOBBERS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL ODDJOBBERS, ITS AFFILIATES, ITS LICENSORS, OR ITS AND THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE ODDJOBBERS PLATFORM, ANY CONTENT ON THE ODDJOBBERS PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ODDJOBBERS PLATFORM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
You agree to defend, indemnify and hold harmless OddJobbers, its affiliates, its licensors, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of this Agreement or your use of the OddJobbers Platform, including, but not limited to, any use of the OddJobbers Platform's content, Services and products other than as expressly authorized in this Agreement or your use of any information obtained from the OddJobbers Platform.
Generally, in the interest of resolving disputes between you and OddJobbers in the most expedient and cost effective manner, YOU AND ODDJOBBERS MUTUALLY AGREE THAT EVERY DISPUTE ARISING IN CONNECTION WITH THIS AGREEMENT WILL BE RESOLVED BY BINDING ARBITRATION. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of this Agreement, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this Agreement. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND ODDJOBBERS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
If you do not want to be subject to this Dispute Resolution provision with respect to Provider Claims, you may opt out by notifying the Company in writing of your decision, either by sending, within thirty (30) days of the date you receive this Agreement, (1) an electronic mail to email@example.com, stating clearly your name and intent to opt out of this Dispute Resolution provision or (2) by sending a letter by U.S. Mail, or by any nationally recognized delivery service (e.g., UPS, Federal Express, etc.), or by hand delivery to: OddJobbers, Inc. 904 W Riverside Ave PO Box 1087 STE 109, Spokane, WA 99210. To be effective, the letter under option (2) must clearly indicate your intent to opt out of this Dispute Resolution Provision and must be dated and signed. If hand delivered, the signed letter must be received within thirty (30) days of your receipt of this Agreement. If sent by mail, the letter must be post-marked with a date less than thirty (30) days from the date you receive this Agreement. Should you choose not to opt out of this Dispute Resolution Provision within the 30-day period, you and OddJobbers will be bound by the terms of this Dispute Resolution Provision. You have the right to consult with counsel of your choice concerning this Dispute Resolution Provision. You understand that you will not be subject to retaliation if you exercise your right to opt out of coverage under this Dispute Resolution Provision.
Except as set forth in Section 26 entitled "Dispute Resolution; Arbitration of Claims,” this Agreement is governed and interpreted pursuant to the laws of the State of Washington, United States of America, notwithstanding any principles of conflict of law. For all disputes, not subject to arbitration under Section 26 hereof, you agree to submit to the personal jurisdiction and venue of the courts located within Spokane County, Washington, and waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
No waiver by OddJobbers of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of OddJobbers to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.
For purposes of developing and testing the OddJobbers Platform, on occasion an OddJobbers representative may schedule or perform a Job on the OddJobbers Platform within the Spokane market. On such occasions, the contract for such Job shall be between OddJobbers and such Customer and shall be governed by the applicable terms of this Agreement, including, but not limited, to Section 26 above.
This Agreement may not be assigned or transferred by you without OddJobbers’ prior written consent. You agree that this Agreement and all incorporated agreements may be automatically assigned by OddJobbers, in our sole discretion, in accordance with the "Notice" section of this Agreement.
You are not an employee or agents of Oddjobbers , and no partnership, joint venture, employer-employee, contractor-subcontractor, or franchisor-franchisee relationship is intended or created by this Agreement. Providers provide services directly to Customers and are free to accept or decline Jobs listed on the OddJobbers Platform. Providers are not restricted from providing services outside the OddJobbers Platform, including via competing virtual marketplaces. Providers therefore may choose between different service opportunities and competing virtual platforms and exercise managerial discretion in order to maximize their profits.
All other feedback, comments, requests for technical support and other communications relating to the OddJobbers Platform should be directed to: firstname.lastname@example.org
Except as explicitly stated otherwise, any notice to OddJobbers shall be given by certified mail, postage prepaid and return receipt requested to:
P.O. Box 1087
904 W Riverside Ave Ste. 109
Spokane, Washington 99210
Such notices shall be deemed given three days after the date of mailing. Any notices to you shall be provided to you through the OddJobbers Platform or given to you via the email address you provided to OddJobbers during the registration process or as otherwise listed in your User account, and such notice shall be deemed given immediately upon sending. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to OddJobbers during the registration process. In such case, notice shall be deemed given three days after the date of mailing.